The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-01
The meeting at Tomlinson Hall o-nigh
should be one long to be remembered.
THE SENATE AND IT'S PRESIDENT.

THE SENATE AND ITS PRESIDENT.
"Of the three judges who held that the
General Assembly could alone decide the ques-
ton of the election one of them, Niblack, very
distinctly stated that the Senate was the judge
of the qualifications of its presiding officer,
and that body has chosen A. Ct. Smith to fill
that position"
No person denies the right of the Senate to
elect its president pro tenn, but he is only en-
titled to preside in the absence of the Lieu
81, Article S, says, 1.-THE Lieutenant-governo
shall by virtue Of his Office be President OF
the Senate" and Section II provides that
whenever the Lieutenant-governors shall be
unable to attend as President of the Senate.
the Senate shall elect one of its own members
as president for the occasion" The only place
in the Constitution where the term "Presi-
dent of the Senate is used is in connection
with the Lieutenant governor, who is made
ex officio President of the Senate, except
where the Senate is expressly forbidden
to elect a President In the other
case the Senator chosen to preside in
the absence of the Lieutenant-governor is
merely president for the occasion" The
occasion is the inability of the Lieutenant
governor to attend, and when the occasion
ceases the right Of the President pro tenn. to
preside ceases. In other words, he has not a
shadow of right to preside when the Lieu
nant-governor is present, and for him to
hold the chair against the demand of the
Lieutenant governor is as gross violation of
the Constitution as if the Acknowledgements
we're to undertake to discharge the duties of
Governor when that official was present and
ready to discharge them himself
Judge Niblack, in discussing this point,
said:
$50 far as l am able to perceive, the Senate
has the unquestionable right to determine
who is entitled to act as its presiding officer.
clares that each House shall have all powers
necessary for branch Of the legislative de-
partment of free and Independent State"
It is always better to quote the Constitution
than to paraphrase it. Section 10, Article 4,
reads as follows: Each House, when assem-
bled, shall chose its own officers (the Presi-
dent of the Senate excepted) judge the cleo
tons, qualifications and retlTns OF it's own
members, determine its rules of proceeding,
and sit upon its own adjournment" This
section distinctly precludes the Senate from
electing its President. Whyf Because the
| Constitution makes the Lieutenant governor
President Of the Senate, and only authorizes
the Senate to elect president for the occa
SION when the Acknowledgements is alb.
sent. In view of this exception, which dis
tinctly takes it out of the power Of the Sen
ate to elect its President, it cannot be said
that "the Senate has the unquestionable right
to determine who is entitled to act as its pre-
siding officer" It has no such right except
under Section l !, Article S, which authorizes
it to elect President for the occasion.
ACKNOWLEDGEMENTS Robertson derives his
official title from the same source that Sena
tors do-from the people. The Constitution
defines his relation to the Senate by making
him its President, and the Senate has NJ
power to change that relation. It can neither
enlarge nor diminish his functions withou,
violating the Constitution, which expressly
says the Senate shall not elect its President.